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46 U.S.C. § 31323 — Disclosing and incurring obligations before executing preferred mortgages

Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 31323 — Disclosing and incurring obligations before executing preferred mortgages

**(a)** On request of the mortgagee and before executing a preferred mortgage, the mortgagor shall disclose in writing to the mortgagee the existence of any obligation known to the mortgagor on the vessel to be mortgaged. **(b)** After executing a preferred mortgage and before the mortgagee has had a reasonable time to file the mortgage, the mortgagor may not incur, without the consent of the mortgagee, any contractual obligation establishing a lien on the vessel except a lien for— (1) wages of a stevedore when employed directly by a person listed in [section 31341 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section31341&num=0&edition=prelim); (2) wages for the crew of the vessel; (3) general average; or (4) salvage, including contract salvage. **(c)** On conviction of a mortgagor under section 31330(a)(1)(A) or (B) of this title for violating this section, the mortgage indebtedness, at the option of the mortgagee, is payable immediately.

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Source location: Title 46, Chapter 313, § 31323; chapter-313-commercial-instruments-and-maritime-liens.md

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Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 31301 — Definitions

In this chapter— (1) “acknowledge” means making— (A) an acknowledgment or notarization before a notary public or other official authorized by a law of the United States or a State to take acknowledgments of deeds; or (B) a certificate issued under the Hague Convention Abolishing the Requirement of Legalisation for Foreign Public Documents, 1961; (2) “district court” means— (A) a district court of the United States (as defined in [section 451 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section451&num=0&edition=prelim)); (B) the District Court of Guam; (C) the District Court of the Virgin Islands; (D) the District Court for the Northern Mariana Islands; (E) the High Court of American Samoa; and (F) any other court of original jurisdiction of a territory or possession of the United States; (3) “mortgagee” means— (A) a person to whom property is mortgaged; or (B) when a mortgage on a vessel involves a trust, the trustee that is designated in the trust agreement; (4) “necessaries” includes repairs, supplies, towage, and the use of a dry dock or marine railway; (5) “preferred maritime lien” means a maritime lien on a vessel— (A) arising before a preferred mortgage was filed under [section 31321 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section31321&num=0&edition=prelim); (B) for damage arising out of maritime tort; (C) for wages of a stevedore when employed directly by a person listed in [section 31341 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section31341&num=0&edition=prelim); (D) for wages of the crew of the vessel; (E) for general average; or (F) for salvage, including contract salvage; (6) “preferr

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Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 31341 — Persons presumed to have authority to procure necessaries

**(a)** The following persons are presumed to have authority to procure necessaries for a vessel: (1) the owner; (2) the master; (3) a person entrusted with the management of the vessel at the port of supply; or (4) an officer or agent appointed by— (A) the owner; (B) a charterer; (C) an owner pro hac vice; or (D) an agreed buyer in possession of the vessel. **(b)** A person tortiously or unlawfully in possession or charge of a vessel has no authority to procure necessaries for the vessel.

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Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 31323 — Disclosing and incurring obligations be-

Page 282 TITLE 46—SHIPPING § 31323 ‘‘(B) a state or federally chartered financial institu- tion that satisfies the controlling interest criteria of section 2(b) of the Shipping Act, 1916 (46 U.S.C. 802(b)); ‘‘(C) a person that complies with the provisions of section 12102(c)(4) of this title.’’ Subsecs. (f) to (h). Pub. L. 107–20, § 2202(c), added sub- secs. (f) to (h). 1999—Subsec. (a)(4). Pub. L. 106–31 made technical amendment to directory language of Pub. L. 105–277, § 202(b). See 1998 Amendment note below. 1998—Subsec. (a)(4). Pub. L. 105–277, § 202(b), as amend- ed by Pub. L. 106–31, added par. (4). Subsec. (b). Pub. L. 105–383, § 401(c)(1), added subsec. (b) and struck out former subsec. (b) which read as fol- lows: ‘‘A preferred mortgage filed or recorded under this chapter may have any rate of interest that the parties to the mortgage agree to.’’ Subsec. (d)(1). Pub. L. 105–383, § 401(c)(2), substituted ‘‘mortgage, security agreement, or instrument’’ for ‘‘mortgage or instrument’’ in introductory provisions and subpar. (B). Subsec. (d)(2). Pub. L. 105–383, § 401(c)(4), substituted ‘‘mortgages, security agreements, or instruments’’ for ‘‘mortgages or instruments’’ in introductory provi- sions. Subsec. (d)(3). Pub. L. 105–383, § 401(c)(3), added par. (3) and struck out former par. (3) which read as follows: ‘‘A preferred mortgage under this subsection continues to be a preferred mortgage if the vessel is no longer titled in the State where the mortgage was made.’’ 1996—Subsec. (a). Pub. L. 104–324 amended subsec. (a) generally. Prior to amendment, subsec. (a) consisted of 2 pars. with substantially similar provisions defining a preferred mortgage except that it included a mortgage with a State, the United States Government, a feder- ally

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